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Patna High CourtCR. MISC./57751/2023rejected

Md. Laloo @ Md. Lalu @ Md. Lalo v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57751 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Md. Laloo @ Md. Lalu @ Md. Lalo S/O- Md. Mokim R/O- Village- Lalpur Goit, Ward No.- 14, P.S.- Birpur, Dist- Supaul. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379, 411 of the Indian Penal Code.

Prosecution case in nutshell is that informant gave his Tractor bearing Reg. No. BR-43GA-7178 to Md. Shamsher and Parvez. They loaded maize on the said tractor and said to informant's son, who was also driver of the said tractor, to leave the tractor in front of the house of Shamsher. It is further alleged that Parvez

Patna High Court CR. MISC. No.57751 of 2023(5) dt.08-01-2024 2/3 called the informant and told that the tractor is missing. On intense search it came to knowledge that petitioner has stolen the tractor.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is no eye witness of the alleged offence. Seizure list has not been prepared according to the provision of Cr.P.C. Moreover, the petitioner is in judicial custody since 21.04.2023.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that petitioner has long criminal history of 13 cases of same nature. It is submitted by counter affidavit that the stolen tractor was recovered from Bhaptiyahi Police station premises, on the confessional statement of the petitioner and stolen 65 bags of Maize has been recovered from the possession of the petitioner. Having heard the learned counsel for the parties and considering the nature of allegation, this

Patna High Court CR. MISC. No.57751 of 2023(5) dt.08-01-2024 3/3 court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T